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Nebraska Short Term Disability

Posted by Tamara

There are several programs available for employees who are injured, pregnant or have a “serious medical condition”.

A worker with a “serious medical condition” could be eligible for FMLA (Family Medical and Leave Act) leave, which provides up to 12 weeks of unpaid, job-protected leave.

A pregnant employee could also qualify for FMLA or for short-term disability. Under the Pregnancy Disability Act, if an employer provides paid leave for other types of disabilities must provide the same leave for pregnant women who are on medical disability.

For the worker injured on the job, workers’ compensation takes effect. Depending on the circumstances, the employee may be entitled to disability pay and medical benefits.

There is no federal or Nebraska state law, however, which guarantees income for an employee on short-term disability.

Five states, California, New York, New Jersey, Rhode Island and Hawaii, have enacted laws at the state level to provide short-term disability benefits for employees. Rhode Island’s plan is funded through employee payroll deductions. In other states, employers are required by the state to automatically provide short term disability to their workers.

Of the five states with short-term disability laws, California’s is the most generous. Workers are paid 55% of their salary (up to a maximum of $728 per week) for up to 52 weeks of disability. Rhode Island’s plan covers 30 weeks, and makes variable payments of 60% or more. The remaining three states provide short-term disability benefits for 26 weeks. New Jersey employees receive 66% of their salary. New York workers are paid 50% of their salary. Hawaii workers get 58% of their salary for short-term disability.

The plans usually require a one-week unpaid waiting period. Rhode Island and New Jersey, though, pay that week retroactively for workers on disability of at least 3 weeks.

Despite the lack of a Nebraska or federal law requiring income for short-term disability, many companies choose to provide this benefit fro their employees. These employers often require the worker to use any accrued vacation or sick time prior to collecting disability pay.


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